When a Nevada resident becomes incapable of making his or her own decisions, a guardian can be appointed. A guardian may be considered either a testamentary guardian or a temporary guardian. A testamentary guardian is someone who is appointed under a parent's will to look after a minor child or an adult child who has special needs.
This appointment is made as part of a properly created will. However, a judge will still have to determine that the named guardian is fit to look after the child. If no appointment is made, state law will generally determine who the child's guardian is. Temporary guardianship may take several different forms. For instance, limited guardianship allows a person to make a narrow range of decisions for an adult who suffers from developmental disabilities.
An emergency guardian may be appointed when a person is temporarily unable to make decisions on his or her own behalf. This may be because the person is mentally incapacitated, is a minor or is suffering from addiction. In most cases, the guardianship exists only for as long as it takes to get through the emergency situation. This may be as little as 72 hours in some situations.
If a family member believes that a loved one may not be capable of making decisions on his or her own behalf, it may be possible to have a guardian appointed for that person. A court appointment may be necessary to choose a guardian. It may be beneficial for those who are seeking to become guardian or to have one appointed to have legal advice.